Litigation in India

The litigation process in
India is based on common law. It is largely based on English
common law because of the long period of British colonial
influence during the British Raj.

The Constitution of India is the longest written
constitution for a country, containing 444 articles, 12 schedules,
numerous amendments and 117,369 words.

There is a single hierarchy
of courts in India. Much of contemporary Indian law shows
substantial European and American influence. Various acts and
ordinances first introduced by the British are still in effect
in modified form today. During the drafting of the Indian
Constitution, laws from Ireland, the United States, Britain, and
France were all synthesized to get a refined set of Indian laws
as it currently stands. Indian laws also adhere to the United
Nations guidelines on human rights law and environmental law.
Certain international trade laws, such as those on intellectual
property, are also enforced in India.

Each state drafts it own
laws, however all the states have more or less the same laws.
Laws directed by the central government and the Supreme Court of
India via judicial precedent or general policy directives are
binding on all citizens of each state. Each state has its own
labor laws and taxation rates.

India's judicial system is
made up of the Supreme Court of India at the apex of the
hierarchy for the entire country and twenty-one High Courts at
the top of the hierarchy in each State. These courts have
jurisdiction over a state, a union territory or a group of
states and union territories. Below the High Courts are a
hierarchy of subordinate courts such as the civil courts, family
courts, criminal courts and various other district courts.

The High Courts are the principal civil courts of original
jurisdiction in the state, and can try all offences including
those punishable with death. However, the bulk of the work of
most High Courts consists of Appeals from lowers courts and writ
petitions in terms of Article 226 of the Constitution of India.
The precise jurisdiction of each High Court varies.

Each state is divided into
judicial districts presided over by a 'District and Sessions
Judge'. He is known as a District Judge when he presides over a
civil case, and a Sessions Judge when he presides over a
criminal case. He is the highest judicial authority below a High
Court judge. Below him, there are courts of civil jurisdiction,
known by different names in different states.

Services Offered by Us

Madaan & Co. is
recognized for its excellent Litigation and Arbitration Practice. The Firm regularly provides services for all types of
litigation in all Courts, Tribunals, Commissions, Forums and
other Authorities. The Firm's experience in
litigation extends to all types of litigation instituted and
prosecuted within the country and abroad, including Recovery
Suits, Property Disputes, Commercial Disputes, Product
Liability, Infringement of Intellectual Property Rights,
Constitutional Matters, Matrimonial Disputes, Custody Claims,
Service Matters, Banking Claims, Insolvency and other disputes.

The Firm has
successfully conducted handled arbitration for its clients both
within the USA, Europe and India. We have handled arbitrations
related to Commercial Contracts, Collaboration Disputes,
Contractual Disputes, Construction Agreements, Service
Agreements, Operation and Maintenance Dispute under the
provisions of Arbitration and Conciliation Act, 1996 and various
international arbitration rules including ICC, ICA, AAA, LCA and
others.

Our lawyers include those admitted to bar in the United States of America. They have
undertaken legal maters in the USA, India and Europe.
They understand the multi-cultural and the
multi-jurisdictional aspects of international business
in this age of globalization. They include those educated
at Harvard Law School, Harvard University in the
USA and premier universities in India.